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2022 Supreme(Telangana) 141

A.VENKATESHWARA REDDY
Mawar Steel – Appellant
Versus
Muddu and Mudu Import and Export Private Limited – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: R.A. Achuthanand.
For the Respondent: B. Vijay Simha Reddy.

ORDER :

1. These Civil Revision Petitions are arising out of the impugned orders in I.A. Nos. 865 and 866 of 2019 both dated 28.11.2019 in O.S. No. 1433 of 2017 on the file of the learned II Additional Senior Civil Judge, Ranga Reddy District at L.B. Nagar. Accordingly, it is proposed to dispose of both the C.R.P. together, through this common order.

2. I.A. No. 865 of 2019 is filed by the petitioner/defendant under Order-IX, Rule-13 of the Civil Procedure Code (for short ‘CPC’) to set aside the ex-parte decree dated 18.09.2018 passed in the Original Suit No. 1433 of 2017. Whereas, I.A. No. 866 of 2019 is filed under Section 5 of Limitation Act to condone the delay of 277 days in filing an application under Order-IX, Rule-13 CPC to set aside the ex-parte decree dated 18.09.2018 in O.S. No. 1433 of 2017. Against the orders in I.A. No. 865 of 2019, C.R.P. No. 596 of 2020 and against the orders in I.A. No. 866 of 2019, C.R.P. No. 597 of 2020 are preferred by the plaintiff.

3. Heard learned counsel on both sides. Perused the material available on record. For the sake of convenience, the parties are hereinafter referred to as plaintiff and defendant as arrayed in the original suit.

4. The p

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